| Jay Carter v Kerry Joseph Flaherty |
| Motion No: 2011-01348 nc |
| Slip Opinion No: 2011 NY Slip Op 89730(U) |
| Decided on November 10, 2011 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Jay Carter, Respondent, v Kerry Joseph Flaherty, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the District Court of Nassau County, Third District, entered March 16, 2011, or, in the alternative, for an enlargement of time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted, and said brief shall be served and filed within 21 days from the date of this decision and order. Appellant, if he be so advised, may serve and file a reply brief within 14 days after the date the respondent's brief is due to be served pursuant to this decision and order.
ENTER:
Paul Kenny
Chief Clerk